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Expert Analysis

Patent Decision Highlights Cross-Appeal Considerations

By Michael Soyfer ( December 3, 2019, 5:04 PM EST) -- Two weeks ago, the U.S. Court of Appeals for the Federal Circuit held in IPR Licensing Inc., that the cross-appeal rule is not jurisdictional, overruling precedent holding that it was.[1] As that decision shows, although the cross-appeal rule dates to at least 1796,[2] the law around cross-appeals is still unclear, obscure and evolving. When to cross-appeal in federal court — and when not to — is simple in the abstract, but can be confounding in practice. The consequences of failing to file a necessary cross-appeal or filing an unnecessary one can be serious....

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